102.06
Powers and duties of ethics commission.

(A)
The
appropriate ethics commission shall receive and may initiate complaints against
persons subject to this chapter concerning conduct alleged to be in violation
of this chapter or section
2921.42 or
2921.43 of the Revised Code. All
complaints except those by the commission shall be by affidavit made on
personal knowledge, subject to the penalties of perjury. Complaints by the
commission shall be by affidavit, based upon reasonable cause to believe that a
violation has occurred.

(B)
The
appropriate ethics commission shall investigate complaints, may investigate
charges presented to it, and may request further information, including the
specific amount of income from a source, from any person filing with the
commission a statement required by section
102.02 or
102.021 of the Revised Code, if the
information sought is directly relevant to a complaint or charges received by
the commission pursuant to this section. This information is confidential,
except that the commission, in its discretion, may share information gathered
in the course of any investigation with, or disclose the information to, the
inspector general, any appropriate prosecuting authority, any law enforcement
agency, or any other appropriate ethics commission. If the accused person is a
member of the public employees retirement board, state teachers retirement
board, school employees retirement board, board of trustees of the Ohio police
and fire pension fund, or state highway patrol retirement board, or is a member
of the bureau of workers' compensation board of directors, the appropriate
ethics commission, in its discretion, also may share information gathered in
the course of an investigation with, or disclose the information to, the
attorney general and the auditor of state. The person so requested shall
furnish the information to the commission, unless within fifteen days from the
date of the request the person files an action for declaratory judgment
challenging the legitimacy of the request in the court of common pleas of the
county of the person's residence, the person's place of employment, or Franklin
county. The requested information need not be furnished to the commission
during the pendency of the judicial proceedings. Proceedings of the commission
in connection with the declaratory judgment action shall be kept confidential
except as otherwise provided by this section. Before the commission proceeds to
take any formal action against a person who is the subject of an investigation
based on charges presented to the commission, a complaint shall be filed
against the person. If the commission finds that a complaint is not frivolous,
and there is reasonable cause to believe that the facts alleged in a complaint
constitute a violation of section
102.02,
102.021,
102.03,
102.04,
102.07,
2921.42, or
2921.43 of the Revised Code, it
shall hold a hearing. If the commission does not so find, it shall dismiss the
complaint and notify the accused person in writing of the dismissal of the
complaint. The commission shall not make a report of its finding unless the
accused person requests a report. Upon the request of the accused person, the
commission shall make a public report of its finding. The person against whom
the complaint is directed shall be given reasonable notice by certified mail of
the date, time, and place of the hearing and a statement of the charges and the
law directly involved and shall be given the opportunity to be represented by
counsel, to have counsel appointed for the person if the person is unable to
afford counsel without undue hardship, to examine the evidence against the
person, to produce evidence and to call and subpoena witnesses in the person's
defense, to confront the person's accusers, and to cross-examine witnesses. The
commission shall have a stenographic record made of the hearing. The hearing
shall be closed to the public.

(a)
If, upon the basis of the hearing, the appropriate
ethics commission finds by a preponderance of the evidence that the facts
alleged in the complaint are true and constitute a violation of section
102.02,
102.021,
102.03,
102.04,
102.07,
2921.42, or
2921.43 of the Revised Code, it
shall report its findings to the appropriate prosecuting authority for
proceedings in prosecution of the violation and to the appointing or employing
authority of the accused. If the accused person is a member of the public
employees retirement board, state teachers retirement board, school employees
retirement board, board of trustees of the Ohio police and fire pension fund,
or state highway patrol retirement board, the commission also shall report its
findings to the Ohio retirement study council.

(b)
If the Ohio ethics commission reports its findings
to the appropriate prosecuting authority under division (C)(1)(a) of this
section and the prosecuting authority has not initiated any official action on
those findings within ninety days after receiving the commission's report of
them, the commission may publicly comment that no official action has been
taken on its findings, except that the commission shall make no comment in
violation of the Rules of Criminal Procedure or about any indictment that has
been sealed pursuant to any law or those rules. The commission shall make no
comment regarding the merits of its findings. As used in division (C)(1)(b) of
this section, "official action" means prosecution, closure after investigation,
or grand jury action resulting in a true bill of indictment or no true bill of
indictment.

(2)
If the
appropriate ethics commission does not find by a preponderance of the evidence
that the facts alleged in the complaint are true and constitute a violation of
section 102.02,
102.021,
102.03,
102.04,
102.07,
2921.42, or
2921.43 of the Revised Code or if
the commission has not scheduled a hearing within ninety days after the
complaint is filed or has not finally disposed of the complaint within six
months after it has been heard, it shall dismiss the complaint and notify the
accused person in writing of the dismissal of the complaint. The commission
shall not make a report of its finding unless the accused person requests a
report. Upon the request of the accused person, the commission shall make a
public report of the finding, but in this case all evidence and the record of
the hearing shall remain confidential unless the accused person also requests
that the evidence and record be made public. Upon request by the accused
person, the commission shall make the evidence and the record available for
public inspection.

(D)
The appropriate ethics commission, or a member of the commission, may
administer oaths, and the commission may issue subpoenas to any person in the
state compelling the attendance of witnesses and the production of relevant
papers, books, accounts, and records. The commission shall issue subpoenas to
compel the attendance of witnesses and the production of documents upon the
request of an accused person. Section
101.42 of the Revised Code shall
govern the issuance of these subpoenas insofar as applicable. Upon the refusal
of any person to obey a subpoena or to be sworn or to answer as a witness, the
commission may apply to the court of common pleas of Franklin county under
section 2705.03 of the Revised Code. The
court shall hold proceedings in accordance with Chapter 2705. of the Revised
Code. The commission or the accused person may take the depositions of
witnesses residing within or without the state in the same manner as prescribed
by law for the taking of depositions in civil actions in the court of common
pleas.

(E)
At least once each
year, the Ohio ethics commission shall report on its activities of the
immediately preceding year to the majority and minority leaders of the senate
and house of representatives of the general assembly. The report shall indicate
the total number of complaints received, initiated, and investigated by the
commission, the total number of complaints for which formal hearings were held,
and the total number of complaints for which formal prosecution was recommended
or requested by the commission. The report also shall indicate the nature of
the inappropriate conduct alleged in each complaint and the governmental entity
with which any employee or official that is the subject of a complaint was
employed at the time of the alleged inappropriate conduct.

(F)
All papers, records, affidavits, and documents
upon any complaint, inquiry, or investigation relating to the proceedings of
the appropriate ethics commission shall be sealed and are private and
confidential, except as otherwise provided in this section and section
102.07 of the Revised Code.

(1)
When a complaint or charge is before it, the Ohio
ethics commission or the appropriate prosecuting authority, in consultation
with the person filing the complaint or charge, the accused, and any other
person the commission or prosecuting authority considers necessary, may
compromise or settle the complaint or charge with the agreement of the accused.
The compromise or settlement may include mediation, restitution, rescission of
affected contracts, forfeiture of any benefits resulting from a violation or
potential violation of law, resignation of a public official or employee, or
any other relief that is agreed upon between the commission or prosecuting
authority and the accused.

(2)
Any settlement agreement entered into under division (G)(1) of this section
shall be in writing and be accompanied by a statement of the findings of the
commission or prosecuting authority and the reasons for entering into the
agreement. The commission or prosecuting authority shall retain the agreement
and statement in the commission's or prosecuting authority's office and, in the
commission's or prosecuting authority's discretion, may make the agreement, the
statement, and any supporting information public, unless the agreement provides
otherwise.

(3)
If a settlement
agreement is breached by the accused, the commission or prosecuting authority,
in the commission's or prosecuting authority's discretion, may rescind the
agreement and reinstitute any investigation, hearing, or prosecution of the
accused. No information obtained from the accused in reaching the settlement
that is not otherwise discoverable from the accused shall be used in any
proceeding before the commission or by the appropriate prosecuting authority in
prosecuting the violation. Notwithstanding any other section of the Revised
Code, if a settlement agreement is breached, any statute of limitations for a
violation of this chapter or section
2921.42 or
2921.43 of the Revised Code is
tolled from the date the complaint or charge is filed until the date the
settlement agreement is breached.